Terms and Conditions
- Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business. If you are a business please consult our business terms and conditions here.
- International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. SOS Swim is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures
4.1 In order to purchase goods on this website you are required to create an account which will contain certain personal details and payment information By continuing to use this website you represent and warrant that:
4.1.1 All information you submit is accurate and truthful; 1.
4.1.2 You have permission to submit payment information where permission may be required; and
4.1.3 You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
- Goods, Pricing and Availability
5.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from SOS Swim correspond to the actual Goods, SOS Swim is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
5.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
5.3 SOS Swim does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.
5.4 All pricing information on the Website is correct at the time of going online. SOS Swim reserves the right to change prices and alter or remove any special offers from time to time and as necessary. .
5.5 All prices on the Website include VAT where applicable. SOS Swim’s VAT number is 978 3596 48.
6.1 SOS Swim will notify you by way of email when your goods are to be dispatched to you.
6.2 Our goods are dispatched either by 1st or 2nd Class Royal Mail post depending on your selection, you can guarantee next day delivery by paying for Special Delivery. Orders must be received by 3.00pm
6.3 Next day deliveries can only be made Monday to Friday excluding bank holidays. If you require Saturday delivery please contact the office on 012020 699451 before 12pm on Friday
6.4 This guarantee does not apply if, they were unable to deliver the item because there was no-one to sign for your item. The delivery address is in an area that is not covered by next day delivery. Where delivery is to an address where the customer has paid for a redirection service.
6.5 Special delivery to the following post codes will be within 2-3 working days: GY1, GY9, HS2, PA61-75, PA78, ZE 2-3, KW 16-17, PH30, PH41-43
6.6 If delivery is delayed SOS Swim will contact you via telephone to advise of the delay
6.7 If SOS Swim receives no communication from you, within 5 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
- Returns Policy
SOS Swim aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
7.1 Swimwear must be tried on keeping any tags and hygine strips in place proir to use to ensure a good fit. Once the tags have been removed or the product has been worn in the water they can not be returned because they do not fit. If you need to return the product all tags and packaging must be in their original condition.
7.2 Goggles must be tried on prior to use performaing the suction test. If the goggles have an air tight seal they will have a water tight seal. Once the goggles have been worn in the water they can not be returned. If you need to return the product the packaging must be in its original condition.
7.3 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. SOS Swim is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
7.4 If any Goods you have purchased have faults when they are delivered to you, you should contact SOS Swim within 5 days to arrange a return. SOS Swim is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
7.5 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
7.6 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to SOS Swim within 5 days and arrange collection and return. SOS Swim is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
7.7 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to SOS Swim within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
7.8 If you wish to return Goods to SOS Swim for any of the above reasons, Please send to SOS Swim, 15 Moor Road, Broadstone, Dorset, BH18 8NE
7.9 SOS Swim reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
7.9.1 Any use or enjoyment that you may have already had out of the Goods;
7.9.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
7.9.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.
8.1 SOS Swim makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
8.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
8.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
8.4 Whilst SOS Swim uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
SOS Swim reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If SOS Swim is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
10.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2 SOS Swim accepts no liability for any disruption or non-availability of Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
11.1To the maximum extent permitted by law, SOS Swim accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and it’s Content at their own risk.
11.2 Nothing in these Terms and Conditions excludes or restricts SOS Swim’s liability for death or personal injury resulting from any negligence or fraud on the part of SOS Swim.
11.3 Nothing in these Terms and Conditions excludes or restricts SOS Swim’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
11.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to SOS Swim. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14.2 SOS Swim may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and SOS Swim shall be governed by and construed in accordance with the Law of England and Wales and SOS Swim and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.